Section 324.21508 - Environmental protection regulatory fee; imposition; precollection; collection; exemption; deposit of fees; audit, enforcement, collection, and assessment of fees by department of treasury(1) An environmental protection regulatory fee is imposed on all refined petroleum products sold for resale in this state or consumption in this state. The regulatory fee shall be charged for capacity utilization of refined petroleum underground storage tanks measured on a per gallon basis. The regulatory fee shall be charged against all refined petroleum products sold for resale in this state or consumption in this state so as to not exclude any products that may be stored in a refined petroleum underground storage tank at any point after the petroleum is refined. The regulatory fee shall be 1 cent per gallon for each gallon of refined petroleum sold for resale in this state or consumption in this state, with the per gallon charge being a direct measure of capacity utilization of a refined petroleum underground storage tank system. The regulatory fee shall not be imposed on a bulk transfer of or a 2-party exchange involving refined petroleum or refined petroleum products.(2) The department of treasury shall precollect regulatory fees from persons who refine petroleum in this state for resale in this state or consumption in this state and persons who import refined petroleum into this state for resale in this state or consumption in this state. The department of treasury shall collect regulatory fees that can be collected at the same time as the sales tax under section 6a of the general sales tax act, 1933 PA 167, MCL 205.56a. The remainder of the regulatory fees shall be collected in the manner determined by the state treasurer.(3) A public utility with more than 500,000 customers in this state is exempt from any fee or assessment imposed under this part if that fee or assessment is imposed on petroleum used by that public utility for the generation of steam or electricity.(4) All regulatory fees collected pursuant to this part during each state fiscal year shall be deposited as follows: (a) The first $20,000,000.00 that is collected shall be deposited into the fund.(b) Following the deposit under subdivision (a), all money collected shall be deposited into the refined petroleum fund.(5) The department of treasury may audit, enforce, collect, and assess the fee imposed by this part in the same manner and subject to the same requirements as revenues collected pursuant to 1941 PA 122, MCL 205.1 to 205.31.Amended by 2016, Act 467,s 2, eff. 3/29/2017.Amended by 2016, Act 380,s 3, eff. 3/22/2017.Amended by 2014, Act 416,s 7, eff. 12/30/2014.Repealed by 2010, Act 263,s 1, eff. 12/31/2012.Amended by 2004, Act 390, s 6, eff. 10/12/2004.1994, Act 451, Eff. 3/30/1995 ;--Am. 1995, Act 269, Imd. Eff. 1/8/1996. See 2004, Act 390, ss 9, 11.